Legal Types of Child Custody in Plano, TX

The types of child custody that must be determined are physical and legal. Under family law, custody may be joint or sole for each, which may have different implications on your post-divorce life and the life of your child. Custody decisions should be made in the best interests of the child whether the decisions are made by the court or the parents.

Sole vs. Joint Custody

Before getting into the types of child custody – physical and legal – it may be helpful to discuss sole and joint custody arrangements. Sole custody refers to cases in which only one parent is granted the particular type of custody (physical and/or legal). Sole custody is usually only granted if the other parent is deemed unfit.

Parents can be deemed unfit because of:

alcohol or drug abuse;

criminal activities;

child abuse; and

neglect charges.

Joint custody refers to arrangements in which both parents share in the custody rights (physical and/or legal). This type of custody is common when both parents are deemed fit and responsible.

Physical vs. Legal Custody

Physical custody is a type of child custody that defines with whom the child will live. You can be granted joint or sole physical custody of a child. Joint physical custody means that the child would spend some time living with you and equal time living with your ex-spouse. Sole custody means that your child lives with you, but your ex may or may not have visitation rights allowing the child to stay with him or her on occasion.

According to family law, legal custody allows and obligates you to make decisions about the upbringing of your child.

Legal custody covers decisions about:

schooling;

religion; and

medical care; and more.

Like physical custody, legal custody can be granted as sole (one parent is given rights to make these decisions) or joint custody (both parents share in the decision making process).

Child Custody in Court

If you are unsure which of these situations would be best for your child or you have more questions about fit and unfit parents, contact a family law attorney at Warren & Migliaccio Attorneys at Law for a free consultation of your Plano custody case. You may go over the different types of child custody or other family law concerns. Call us today at: 1-888-584-9614.

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We worked with Chris and other staff. Chris from the start really worked with us as we were unsure what to do next and what was the best option for us. Chris spent a great deal of time with me on the phone, over email as well as meeting with my husband and I in his office. It can be scary to have the unknowns as we did and he really helped. When dealing with things you just don't know about you have to find someone you can trust to lean on and let them handle it; you can't be an expert on everything. The staff were so helpful and there was never a question on what we needed to get them or needed to do during the process. We were prepared 100% for what was to come and even months after the staff was quick to follow up to make sure that we did not have any questions or have anyone contacting us. They even helped figure out the 'what next' and 'where to go from here' that comes up. I would recommend them to anyone finding themselves facing financial struggle and trying to decide what to do. They give a free consultation over the phone or in the office; worth the call to find out your options.

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I would strongly recommend anyone needing a family law attorney use this office. The staff is so friendly, helpful, and knowledgeable. Gary Warren and Ryan Bauerle were the ones that helped me with a very rough child custody case and they were absolutely amazing. They are very nice guys but they will fight for you!!! I am truly happy that I used them for the case, I could not have asked for a better attorney! Ryan helped me and my husband so much and explained everything so well to us! I can't thank them enough for all they did for me and my family! So anyone please take my advice, if you need a family law attorney give Ryan a call!!!

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